The Domestic Abuse Lawyer in NJ, Who Provides the Help You Need
Domestic violence is prevalent in family law cases. This is why a domestic abuse lawyer in NJ, like Irene Shor, Esq. is in the best position to provide guidance in this area. People who live together at the brink of separation or divorce are often at their worst and treat each other poorly. This is exacerbated by living in close quarters, financial stress, children, and many other factors. At times people accused of domestic violence struggle with issues of alcohol abuse, drug abuse, anger management issues, or mental health issues such as bipolar disorder, borderline personality disorder, or narcissism. At times, plaintiffs make false allegations. It is essential for both plaintiffs and defendants to be represented by a domestic abuse lawyer who can litigate a domestic violence complaint at trial or provide meaningful solutions on how to limit interaction between the parties without a trial. No two cases are exactly alike, and it is important that each family, allegation, and incident be treated on an individual basis.
Prevention of Domestic Violence Under the Law
The state has adopted the New Jersey Prevention of Domestic Violence Act (NJPDVA), which sets forth who is protected under the act as well as the crimes they are protected against. NJPDVA protects a spouse or current spouse, partners in a dating relationship, the parent of a child, or a current or former household member from committing acts of abuse against each other. There are now 19 defined offenses that qualify for protection:
- Assault
- Burglary
- Contempt of a Restraining Order
- Crimes Involving Risk of Death or Serious Bodily Injury
- Criminal Coercion
- Criminal Mischief
- Criminal Restraint
- Criminal Sexual Assault
- Criminal Trespass
- Cyber Harassment
- False Imprisonment
- Harassment
- Homicide
- Kidnapping
- Lewdness
- Robbery
- Sexual Assault
- Stalking
- Terroristic Threats
If you believe you are the victim of domestic violence or have been accused of committing an act of domestic violence, it is important for you to secure an attorney. This ensures your rights are protected.
Steps to Take
Victims in fear for their safety should contact the police immediately to secure a temporary restraining order. If it is during court business hours, the proper procedure is to go to the courthouse to file the domestic violence complaint. The temporary restraining order includes the return date of the final hearing, where both parties have an opportunity to provide evidence and testify as to the allegations. A judge then decides whether the temporary order should be dismissed or a final order is issued.
Final restraining orders do not have an expiration date and last forever in New Jersey, which is why domestic violence complaints must be taken seriously. The repercussions and impacts of a domestic violence complaint are far-reaching on a family, so it is crucial that you seek representation with a family law attorney who can handle all aspects of your case. Irene Shor, Esq. understands the interrelationship of a divorce, custody matters, support, domestic violence, and other issues that arise in a family law matter.